..... jserc, inter alia, has to determine as to what is to be charged by the licensee from the different class of consumers.33. according to the provisions of the electricity regulatory commission act and electricityact, 2003 the licensee is bound by the decision of the jserc in regard to the tariff. the licensee cannot make any modification or change in the tariff, determined ..... and contrary to the provisions of electricityact, 2003.(v) the jseb cannot issue any tariff order of their own, rather they are governed by the tariff order issued by the jserc vide bseb ltd. v. tata power ..... challenged the same before any forum. the said tariff has, thus, become final and binding on the licensee as well as its consumers.(iii) after coming into force of the electricityact, 2003, none else other than the regulatory commissions are authorized to determine the tariff.(iv) petitioners' contention that they are bound by tariff order issued by the jseb is misconceived ..... officio. it has no jurisdiction to clarify the table of the tariff and that too without inviting objection from all concerned parties, as contemplated under section 64(2) of the electricityact, read with regulation nos. 20 and 21 of the jserc.(xiii) clarification of table 5.33 is hit by doctrine of contemporanea expositio, meaning thereby that how the table was .....

..... engineering co. ltd., hecor mecon are h.t. consumers. none of them are licensee as defined under section 2(h) of the indian electricityact, 1910, nor a bulk licensee as per section 2(3) of the electricity (supply) act, 1948. they are not being provided with any command area to supply energy within such area, nor they have been empowered by the board ..... licence. under the electricity (supply) act, 1948, the electricity board constituted is a licensee for the purposes of the electricityact, 1910. as per section 2(3) of the electricity (supply) act, 1948, bulk licensee means a licensee, who is authorised by his licence to supply electricity to other licensees for distribution by them. section 5 of the supply ..... for the licensee or the sanction granted by the government. the licensee is not permitted to impose any condition contrary to the acts or articles of his character. the definition of licensee laid down under section 2(h) of the electricityact, 1910 means any person licensed under part ii to supply energy. part ii deals with supply of energy including grant of ..... of the court, it should not be construed as the stand of the state of jharkhand. 8. the indian electricityact, 1910 (act 9 of 1910) was passed with the intention to impose certain duties and liabilities on licensee and other person to supply electric energy in an area for which a licence or permission is granted. the powers granted to a licensee or .....

..... of the matter, is arbitrary, illegal and violative of principles of natural justice.8. in the impugned judgment, the learned single judge considered section 56 and section 126 of the electricityact, 2003. learned single judge also considered clause 16.9(a) of the tariff and held that these provisions do not confer power to the board to disconnect the supply of ..... is in accordance with clause 16.9(a) of '1993 tariff'.5. learned single judge after hearing learned counsels for the parties and after considering the relevant provisions of the electricityact and the tariff held that disconnection of supply of energy in the premises of respondent was violative of principles of natural justice and further that action of the board was ..... the board to the tune of rs. 2,40,00000/- (rupees two cores and forty lacs). the case was registered under section 135 of the electricityact, 2003 read with section 379 i.p.c. consequently, electrical connection was also disconnected.3. the case of the respondent-petitioner was that allegation of tampering with the meter and other allegations were deliberately made in ..... that regulation 15.4 of the regulation framed by jharkhand state regulatory commission under section 181 read with section 50 of the electricityact 2003 empowers the board to disconnect the electric supply of a consumer in case of theft of electricity or pilferage. learned counsel then submitted that in the instant case 'security seal' which was placed in meter was found broken. this .....

..... parties to it has imposed the objectionable term in a morally reprehensible manner, by taking advantage of the weakness or necessity of the other.12. from perusal of the electricityact, 2003, it is evident that there is no provision which prevents the consumer to reduce contract demand within the stipulated period of three years. the word used in clause ..... in short 'regulatory commission') in exercise of its power conferred by clause 10 the sub-section 2 of section 181 read with section 50 of the electricityact, 2003 has issued a notification known as (electricity supply code), regulation 2005. according to clause 9 of the regulation, the reduction of load shall be allowed by the distribution licensee only after the ..... the terms and conditions of contract but refusal to modify the contract in view of subsequent deduction in requirement of electricity can be held to be unconstitutional and ultra vires to the electricityact, 2003. the jharkhand state electricity regulatory authority commission acts as the state instrumentality in implementing the welfare policy of the government in conformity with the constitutional norms which could ..... prevent the consumer to enter into an additional agreement either for addition of load or reduction of load. clause 9.2.1 of the electricity supply code is not in consonance with the provisions of the electricityact, 2003. if the board can enhance the supply and enter into supplementary agreement for enhancement of load within the period of three years .....

..... defaulted in payment of the dues, came up for consideration before this court, in the case of smt. maya devi (supra).after discussing the relevant provisions of the electricityact, 2003, relating to supply of electric connection, and following the ratio laid down by the supreme court in isha marble's case (supra), this court had observed that the regulations framed under the ..... electricityact, specifically provides that the authority cannot deny supply of electricity on the ground that the old consumer committed default in payment of dues and left the premises, provides that the new incumbent is not in any ..... date of receipt/production of a copy of this order, if the application of the petitioner, is otherwise in accordance with the rules and procedure as laid down under the electricityact and the regulations there under.13. let a copy of this order be given to the learned counsel for the respondent-board. ..... erstwhile owner only.9. in isha marbles' case (supra), while considering the various provisions under the electricityact, relating to the supply of electricity to the owner or occupiers of land, the supreme court had observed that the provisions under the act, declared that the supply of electric energy, would be governed under the terms of a contract executed by and between the licensee and .....

..... as deoghar town p.s. case no. 106 of 2008 under section 379 of the indian penal code and also under section 135 of the electricityact and in the said first information report the amount of loss which the board is said to have suffered was shown to the tuna of rs ..... the petitioner further submits that under the similar situation when disconnection had been made without making assessment under section 126 of the electricityact the court has ordered to restore the electric connection on deposit of certain percentage of the amount which the board has claimed to have suffered loss. in this regard it ..... of loss was assessed provisionally has never been served in terms of provision as contained in section 126 of the electricityact and without serving the copy of the assessment, the board has disconnected the electric connection and, therefore, action of the respondent is not only against the provision of the statute, rather it ..... is disposed of with the direction to the respondents to serve a copy of the provisional assessment of the loss for alleged unauthorized use of electricity to the petitioner immediately so that the petitioner may file his objection and then after giving reasonable opportunity of hearing to the petitioner pass a ..... ,83,000/- which, in any view of the mater, can be said to be too excessive as the petitioner since inception of mill never consumed electric energy worth more than rs. 10,000/- and as such by any standard loss can never be to the extent of rs. 8.83 lacs .....

..... to deposit the said amount, the electricity board would be entitled to disconnect the electric connection.9. this is, however, made clear that this order never precludes the electricity board to realize the amounts, in accordance with law, which have been finally assessed under section 126 of the electricityact.10. with this observation and ..... such amount, then the petitioner would be entitled to have new connection or alternatively father-in-law of the petitioner would be entitled to have electric connection restored. it is stated that in terms of the order passed in connection with anticipatory bail application of pradeep prasad choudhary-father-in-law ..... v. the chief election commissioner, new delhi and ors. : [1978]2scr272 .7. having heard learned counsel for the parties, it does appear that the electricity board, under annexure-3, has categorically stated that no new connection would be given to the same premises over which an amount of rs. 1,56, ..... -3 to this writ petition rather under annexure-3 only a sum of rs. 1,56,400/- has been shown, as due to the electricity board and now the respondent-board cannot go beyond that in view of the decision reported in a case of mohinder singh gill and anr. ..... ,03,377/- and hence, until and unless the said amount is deposited, the petitioner or her father-in-law would not be entitled to have electric connection restored.6. upon it, learned counsel appearing for petitioner submits that such demand of rs. 2,03,377/- had never been made in the .....

..... of assessment which should be equal to twice the tariff applicable. under section 127 a statutory appeal is provided against a final order/assessment made under section 126 of the electricityact, 2003.6. i have clarified the aforesaid statutory provisions for the sole reason that in the instant case the matter is at the provisional assessment stage and/or at the ..... guilty of theft and pilferage by breaking seals of the meters and as such he was liable for dis-connection under the provisions of section 135(1-a) of the electricityact, 2003. it is also submitted that the petition itself is premature since no final assessment has taken place and even otherwise the procedure has to be followed in accordance with ..... main contention raised by sr. counsel sri y.v. giri, for the petitioner is that there is total non-compliance of section 126(1) and section 126(6) of the electricityact, 2003. it has also been contended that the dis-connection was also illegal and violative of the provisions of section 126. he has also referred to and relied upon clause ..... the entire exercise of the respondent is violative of section 126(1) and 126(6) of the electricityact, 2003 appears to be erroneous. it is further relevant to clarify that under the electricity amendment act, 2007 section 135(1-a) has been substituted/included in the electricityact, 2003 which is quoted as under along with the relevant proviso:(1-a) without prejudice to the .....

..... assessing authority with the respondent-board, it is implied that if the appellant prefers an appeal before the statutory authority under section 127 of the electricityact, 2003, the appeal by the statutory authority shall be heard on merit without directing the appellant to deposit 50% of the amount afresh.12 ..... the instance of the appellant. the provisional assessment was also ordered to be made under section 126 of the electricityact, 2003, for the alleged unauthorized use of electricity and the assessment was to be done within a period of 7 days from the date of receipt of a ..... the order passed by the learned single judge, directing the respondent- board to restore the appellant's electric connection on payment of the amount determined by the assessing authority.6 ..... justification to permit the appellant to make payment of electricity dues only to the extent of 50%. at this stage, we are not concerned with the appeal, which is sought to be filed by the appellant before the competent authority under the electricityact, 2003, but are concerned with the correctness of ..... was further contended that even if 50% is deposited by the appellant in order to get the appeal heard by the appellate authority, its electric connection would not be restored on account of non-payment of the balance amount, which has been determined in pursuance to the order passed .....

..... arbitrary power to raise any bill putting an imaginary amount as the penal dues. the said action of the respondents is also violative of sections 56, 126 & 135 of the electricityact, 2003 and the same is wholly illegal and whimsical.4. mr. y.v. giri, learned sr. counsel appearing on behalf of the petitioner submitted that the petitioner is a ..... exceeding the contracted load without specific permission of the board, the board may without prejudice to its other rights under the agreement or under the provisions of the electricityact, estimate the value of the electrical energy, as extracted, consumed or used shall be calculated as below and may also disconnect the supply without notice;1. necessary assessment for compensation in the following ..... assessment and giving the petitioner a supplementary bill.7. in this connection it is necessary to examine the relevant provisions of law. section 56 of the electricityact, 2003 deals with the provision of disconnection of electric supply only on default of payment, which runs as follows:56. disconnection of supply in default of payment -(1) where any person neglects to pay ..... 15 clear days' notice in writing to the concerned persons before disconnecting the supply line. it has been further submitted that section 135 of the electricityact, 2003 provides punishment for the offence of theft of electricity after proper trial but the same does not empower the board to disconnect the line on a mere allegation of theft or only on lodging an .....